Continuing Court Jurisdiction in Support of 18 to 21 Year-Old Foster Youth
American Bar Association
Center on Children and the Law
Jane Kim, Harvard University
Kevin Sobczyk, Loyola University Chicago School of Law
Center Summer Interns
July 2004
Prepared for and Edited by Howard Davidson, J.D.
Director, ABA Center on Children and the Law
I. Introduction
-- Jane Kim
An 18th birthday marks a momentous year filled for most children, perhaps, with a high school
graduation, the first vote cast, the right to enlist in the military, and the right to purchase cigarettes. Even so, it
is not until three years later  at age 21  that these individuals are fully endowed with the rights to purchase or
consume alcohol, to gamble, and in many states to be free from juvenile court jurisdiction as a youth offender.
It is not until later in life that these individuals have greater access to resources such as renting an automobile,
demonstrating strong credit, and securing loans.
Eighteen is a vulnerable age at which Americans are no longer “children” but gain legal standing as an
“adult,” and they are thus faced with life-changing decisions, pressures and conditions that will impact the
direction of their lives. As we are all aware, adulthood does not occur nominally or in one day, but rather over a
period of time. Despite their new classification as an “adult,” 18 year-olds are rarely equated with selfsufficiency, emotional, physical or socially maturity, financial security, or complete independence.
While legally branded an “adult” at 18, American policy and culture recognizes the reality that
individuals at age 18 are still in need of support and nurturance. Nearly all18 year-olds are unprepared for
complete independence. For instance, few high school students or recent graduates are ready and able to find
jobs, pay first and last month’s rent to secure apartments, purchase food and clothing and pay higher education
tuition if applicable, all while healthily self-sustaining themselves.
Increases in enrollment in higher education, high costs of housing, and difficulty in maintaining
employment and a livable wage has incited the phenomenon of extended adolescence. In the twenty-first
century, a great majority of 18 year-olds continue to receive support from their families well into their twenties.
Studies show that relatively few Americans under age 25 have completed schooling, become economically
independent, acquired a residence, and formed a family.1 In fact, the age of majority was 21 until the passage of
the 26th Amendment in 1971. This amendment aligned the military drafting and voting age to increase military
enlistment for the Vietnam War, resulting in the arbitrary lowering of the age of majority or adulthood from 21
to 18 throughout most of the United States.2
1
University of Oklahoma, National Resource Center for Youth Development, US Department of Health and Human Services,
Administration for Children and Families, Children’s Bureau. The John H. Chafee Foster Care Independence Program. The
Transition Years: Serving Current and Former Foster Youth Ages Eighteen to Twenty-one. Tulsa, OK: National Resource Center for
Youth Services, 2004. NRCYD, Transition Years, 2.
2
26th amendment
The Need for Support of Post Age 17 Foster Children
The population of 18 to 21 year-old current and former foster children has been identified as a group in
dire need of support. In line with the prevailing views of American society, the federal government recognizes
that we cannot expect individuals to fully sustain themselves at 18, especially those without familial networks
and healthy homes when the state acts as a surrogate parent. Just as non-foster care parents continue to support
their children and afford them with the opportunities to succeed, the state  as the guardian of foster children 
must also continue to support our “transitioning” youth.
The necessity of continued services for 18 to 21 year-olds in the absence of supporting families is
affirmed in the John H. Chafee Foster Care Independence Program (Chafee) created by the Foster Care
Independence Act of 1999 (FCIA). Through Chafee, the federal government mandates states to service former
foster youth until age 21 and provides financial support for such services.3 Chafee demonstrates both the
unquestionable need and the government’s commitment to continue supporting former foster youth transitioning
into adulthood. The need to improve services to this vulnerable group is irrefutable.
In addition to federal support through Chafee and also the Runaway and Homeless Youth Act, it is clear
that more must be done to ensure that support and services are provided to former foster children, particularly
those between 18 and 21, as well as children in this age group who continue to be involved in the child welfare
system. Programs such as transitional and independent living programs and shelters have emerged, and
continue to expand and develop, throughout the nation. However, the continuing prevalence of “aged-out”
foster children who are homeless, unemployed, uninsured, living in poverty and/or with mental and physical
health problems, and those involved in high-risk behavior and continuing cycles of unhealthy living, illustrates
that the current process of ensuring that foster youth aging-out of the system not slip through the cracks is
inadequate. Most social services and federal grant programs have, to date, demonstrated an insufficiency in
objectively, efficiently and effectively ensuring the provision of services supporting 18 to 21 year-old current
and former foster youth.4
The percentage of youth in foster care between the ages of 16 and 18 is approximately 17%. 5 The
percentage of youth ages 19 and older in foster care is far lower, at 2%. The jump from 17% of all foster
children to only 2%  89,632 “foster” children ages 16-18 to 10,424 over 18 years of age but still within the
foster care system  suggests that a stronger transition must be achieved for the remaining 80,000 foster youth
who may (or may not) soon “age out” of the system.
To help better ensure: (1) the provision of services by respective state/county agencies and departments,
(2) the funding of such services by the government, and (3) the effective oversight of aid to the at-risk
population of current and former foster care youth past age 18, it is imperative that juvenile court
jurisdiction over foster care youth be permitted (legally authorized) to continue at a minimum until the
age of 21, as long as this is done with the consent of the child. Continued court jurisdiction will work as an
additional check and balance on child welfare and other government agencies to: (1) objectively and
transparently authorize services through a streamlined process involving both advocacy for and the consent of
the youth, (2) provide transitioning youth with knowledge of their entitlements to services and their rights,
through the continuing assistance of a court-appointed attorney or guardian ad litem, and (3) ensure that these
youth are receiving reliable and necessary support, including court-appointed legal advocacy.
3
NRCYD, Transition Years, 1.
As an exception to this, we note and applaud the Extended Supports for Emancipating Foster Children program of Casey Family
Services that provided extended support through age 22 or beyond.
5
See Table 3: Foster Care Youth In Care, 1998-2001.
4
1
This is not a radical proposition. Continued court jurisdiction for foster children past the age of
majority is now statutorily authorized in almost half the states (24), with 17 extending jurisdiction until age
21, 3 until age 20, 2 until age 19 and 2 extending jurisdiction under other exceptions.6
Depending on the state, continued court jurisdiction for current and former foster youth past the age of
18 will likely affect state budgets and the relationship between child welfare agencies and their foster care
divisions, service providers, and the courts. Nevertheless, the benefits of continuing court jurisdiction over
youth aging-out of (or temporarily remaining in) the foster care system far outweigh the costs by strengthening
the process to better assure that services are provided to this population and by precluding the cyclical and
prolonged public dependence and chronic suffering often characteristic of this population.
We herein present the justification, pertinent case law and statutes, and challenges regarding continued
juvenile court jurisdiction for foster youth past age 17. We provide support for the proposition that continuing
court jurisdiction is a necessary element in moving forward towards a stronger process and system of serving
current and former foster youth as they transition into successful adults and contributing members of society.
II. Support for Continued Court Jurisdiction
A. Legislative Support for Extending Jurisdiction
-- Kevin Sobczyk
Statutory Basis for Jurisdiction
Most states have specific statutes that instruct the court as to when their jurisdiction terminates over
abused or neglected children in foster care. The standard age for termination of jurisdiction is 18. In many
states where the “terminate at 18” policy stands, the prevailing practice is that court jurisdiction ends, even
though the child welfare services agency still may retain jurisdiction over the child’s custody and placement,
completely independent of any further court oversight. Often a foster youth can elect to stay in their particular
placement and transitional program, for example to continue to receive services supported by the Chafee Act.
However, upon reaching 18, the age of majority, many youth will want to “get out of the system,” and
will not voluntarily remain in programs available to them. Soon thereafter, however, many youth discover they
not be completely prepared for fully independent living, whether they have completed high school or not. They
may seek to regain their lost child welfare and foster care services and, depending on the state, they may or may
not be able to “re-enter” the system. The reasons for this range from agencies having an inability to offer
services to youth beyond 18 due to budgetary constraints, or inflexibility of agency guidelines regarding youth
exiting foster care who have already turned 18.
Many of those issues could be addressed if the youth had access to a legal advocate past their 18th
birthday, but this legal access might only be possible if a juvenile court retains jurisdiction beyond the age of
18. Given this, the American Bar Association has recommended that youth who have been in the child welfare
system have access to dependency courts until they turn 21 (a copy of this policy and supporting report is
attached).
Extending court jurisdiction past a youth’s 18th birthday can help ensure that a youth is receiving the
services he or she needs to effectively enter adulthood. Court oversight allows attorneys to advocate for their
client if certain services are not being provided and needs are not being met. In states where jurisdiction ends at
18, the ability to “pressure” the system into acting on behalf of a disadvantaged child is limited  if not barred 
because the child has “aged out” of the legal process. Because there is no court jurisdiction, advocates may
have little legal recourse, and therefore little power, to try and compel agencies to assist the foster youth.
6
See Table 1. Continued State Court Jurisdiction of Juveniles in Dependency (Abuse/Neglect) Cases, State Legislative Listing.
2
Extending jurisdiction past 18 brings the power of the juvenile court to bear, and can help assure that
public agencies aid youths in situations were they may otherwise be overlooked. With the involvement of the
court, it is then up to the youth’s legal advocate to speak on behalf of their client, and to articulate why it is in
the youth’s best interests to have the court involved in ensuring adequate case planning or procurement of
needed services. The court provides an objective “eye” to watch over youth service systems for transitioning
young people, helpful since these systems are often bogged down in their own operations, procedures, caseloads
and shrinking budgets. Through no fault of their own, these agencies may miss opportunities to offer necessary
services to eligible youth. Extending court jurisdiction is a sure way to provide an efficient legal oversight
mechanism to meet the needs of transitioning foster youth from childhood to adulthood.
Here is a brief overview of some states and their statutory authority in extending juvenile court
jurisdiction and agency involvement with foster children past 18:
States with jurisdiction only up to age 18, or to 19 for purposes of high school graduation
In Texas, for example, jurisdiction does not extend past 18. Child welfare has the ability to retain the
youth in care, but must meet eligibility requirements. The youth may receive services up to their 21st birthday.
All of this is done without court oversight, so legal advocates cannot guarantee the youth is receiving the
services to which they are entitled.
Florida, the state with the third largest foster care population,7 by law terminates court jurisdiction at 18.
The state has an extensive service network that offers foster children over 18 support for education, housing,
and vocational training. However, like Texas, no court oversight is involved in the process, and legal advocates
have little recourse in the cases of youth not receiving needed services. While there is a good network of youth
advocates available to this population of foster youth in Florida, little can be done through the courts to ensure
agency compliance, unless continued court jurisdiction is explicitly provided for.
Some states allow court jurisdiction to extend until a youth turns 19 to allow many foster youth to
graduate high school. This is the case in Hawaii. Under statute §587-12, if it can be shown that the child will
complete his or her high school education by the age of 19, the court will continue jurisdiction. Similarly, in
Minnesota under §260C.193, the court can extend jurisdiction to 19 if it is in the child’s best interest and the
child is not habitually truant. Alaska also allows the court to extend jurisdiction until the foster child’s 19th
birthday, under §260C.193, if it is deemed in the child’s best interest, and the youth consents. This also
assumes that the youth is completing their high school education and court jurisdiction can help ensure
compliance by all parties.
The states that extend jurisdiction to 19, while the youth is finishing high school, provide useful help for
that additional year, but court jurisdiction is still terminated at 19 without consideration of the youth’s
preparedness for independence. Therefore, their legal situation is still very similar to those states that terminate
the opportunity for juvenile court oversight at 18.
States with jurisdiction that continues until age 21
As mentioned earlier, almost a majority of states allow foster youth to consent to continued court
jurisdiction beyond 18 and up until the foster child’s 21st birthday, and in most cases this requires the youth’s
consent. These statutes fit nicely within the ABA’s recommendation on the extension of jurisdiction. There are
8-10 states that give the juvenile court discretion to extend jurisdiction over a dependent youth beyond 18.
Among these are California, New York, Illinois, Ohio, Pennsylvania, and Michigan, all within the top eight
7
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
3
states with the largest foster care populations, which make up 45% of all foster children in the United States,8
and each allows some sort of court jurisdiction extension past 18 to better prepare youth for the transition to
adulthood. In rare occasions, extended jurisdiction will be required if it is in the child’s best interest, such as
cases in which the child is deemed mentally disabled. However, most states where extended jurisdiction is
granted allow for voluntary entry or reentry in foster care, in cases where the youth once elected not to continue
in care but later decided they were in need of continued services.
New York State, which has the second largest foster child population in the country,9 extends its
jurisdiction to age 21, under NY Family Court Act §1055: “No placement may be made or continued under this
section beyond the child’s eighteenth birthday without his consent and in no event past his twenty first
birthday.” The youth must consent to the extension and thereupon consent is provided with continued case
planning, case management, services and housing assistance. If the foster youth elects to be released from care
into their own custody, they have the option to remain in child welfare agency care for a period of aftercare
where the court offers services as the youth prepares to assert their independence. All of this is done with the
intent of better preparing foster children for life on their own.
Pennsylvania, the sixth largest foster care state,10 has a very generous court extension policy under
Section 42.6.6302 that extends jurisdiction up to 21 with the youth’s consent: “…while engaged in a course of
instruction or treatment, requests the court to retain jurisdiction until the course has been completed, but in no
event shall a child remain in a course of instruction or treatment past the age of 21 years.” “Instruction” and
“treatment” are undefined, so this provision has been interpreted very broadly to provide for court oversight as a
youth partakes in any program that better prepares them for adulthood or aids in any needed treatment.
Treatment and instruction can be anything from drug treatment and mental health care to vocational school and
college. However, treatment and instruction must be completed by 21, because the court is mandated by
§42.6.6302 to terminate custody at that time.11
California has the largest foster care population in the nation,12 and under CA Welfare & Institution
Code §303: “The court may retain jurisdiction over any person who is found to be a dependent child of the
juvenile court until the ward or dependent child attains the age of 21 years.” Similar to New York and
Pennsylvania, this statute allows the youth to proceed with case planning, services and continued education.
The court can dismiss the foster care case at 18, but if the youth does not feel that adequate services are being
provided or no case plan is being executed, attorneys can petition the court in a hearing to maintain jurisdiction
and ensure compliance. Once a plan is in place and the court reviews the case progress and deems it acceptable,
the youth can request dismissal.
Illinois has the fourth largest population of foster children,13 and statute §705 ILCS 405/2-31 says that:
“a court may continue the wardship of a minor until age 21 for good cause when there is satisfactory evidence
presented to the court and the court makes written factual findings that the health, safety, and best interest of the
minor and the public require the continuation of the wardship.” Illinois generally discharges youth at 18, but
can continue jurisdiction up to 21 in such situations where a written finding is made that continued jurisdiction
is need for the health, safety and best interest of the youth. This provision has been used in situations where the
youth is seeking college funds that would be otherwise unavailable, medical assistance that would otherwise be
unavailable, or residential treatment for a young sex offender who was not deemed safe to be released back into
society.
8
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
10
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
11
Juvenile Law Center: Dependent Youth Aging Out of Foster Care in Pennsylvania: A Judges Guide
12
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
13
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
9
4
Oregon also maintains jurisdiction until 21, under §419B.328: “(2) The court’s wardship continues, and
the ward is subject to the court’s jurisdiction, until one of the following occurs:
…(e) The ward becomes 21 years of age. The court may commit a ward to the Department of Human Services
for placement in foster care, and when so committed, the ward may not be released from foster care unless the
court orders or the ward becomes 21.”
These are all excellent examples of jurisdictions that successfully extend court jurisdiction to ensure that
youth can continue to get services they are entitled to under the Chafee Act and their respective state programs.
The fact that six of the eight largest foster care states have statutes that can continue juvenile court jurisdiction
until the age of 21 illustrates that the largest foster care systems in the nation have the potential of court
oversight for youth transitioning to adulthood. While there are various reasons each state has its respective
statute, all states are struggling with budget shortfalls that limit their abilities to handle additional numbers of
transitioning foster youth, but despite this many do choose to extend foster care past 18.
As stated before, California maintains the nation’s largest foster care population, with 20% of the
country’s foster children,14 and its caseloads are as high as any state’s, yet it allows courts to extend jurisdiction
past 18. Foster children aged 19 and 20 in California only make up 2% of the total foster care system there. 15
A state such as Texas, with only 4% of the nation’s foster children,16 could likely accommodate the additional
small percentage of youth who would potentially need the help of the juvenile court to secure services.
It could be helpful to use the approach taken by New York, California, Illinois and Pennsylvania to
fashion similar statutes in the states that terminate jurisdiction at 18 or 19. While the legal and social service
landscape is different in each jurisdiction, the percentage of cases beyond 18 are a very small percentage of the
total caseload and would be a minimal burden on the already existing system of providing court jurisdiction up
to 18.
There are, however, not simply legal justifications for consensually extending court jurisdiction beyond
a youth’s 18th birthday. There are important social welfare implications when “transitioning” youth do not
receive needed services.
B. Social Welfare Justification for Extending Court Jurisdiction
-- Jane Kim
Alone and struggling as an adult, but with the resources of a child, former foster children between the
ages of 18 and 21 have been often identified as a group with great unmet needs for assistance. With high levels
of mental and physical health problems, homelessness, unemployment, poverty, and risky behavior, 18 to 21
year old former foster youth are arguably one of the most identifiable populations suffering from a social crisis.
Their struggles include: minimal family support and social relationships, mental and physical health problems,
lack of and health insurance coverage, risky behaviors, low education levels, unemployment and economic
instability, and homelessness and housing concerns. In this section, we will examine numerous problems that
former foster youth confront. The correlation between and among these unhealthy conditions and the aging-out
of foster youth provide undeniable evidence for the need to better serve this vulnerable population and thus to
continue juvenile court jurisdiction over current and former foster care youth past the age of 18.
Minimal Family Support and Social Relationships
Children are placed in foster care because they are receiving inadequate care and support from their
families, primarily in the form of child abuse and/or neglect. Although removal from family and home may be
14
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
16
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
15
5
justified, it naturally diminishes family interactions and relationships. Impermanency  movement between
families, homes and placements – does not build the strong relationships and support networks optimal to
healthy development within the home, between siblings, in schools, in neighborhoods and within the
community.
Foster youth are unfortunately too unlikely to get very much social attention or support.17 The majority
of studies show a “low level of family support for older youth in care, and particularly for adolescents whose
placement type is group care.”18 Although a high percentage of foster children in a University of Chicago study
surveying Illinois foster care programs stated that they felt very close to their brothers and sisters, and
approximately 40-50% felt close with their biological mothers and grandparents; close relationships to other
parental figures only existed for approximately 20% of foster children.19
Additionally, the rate of adoption among foster youth decreases as age increases, with only 2% of youth
ages 16 to 18 adopted, and just over 0% adopted past age 18.20 Even youth ages 11-15 only have a 16% rate of
adoption.21 Additionally, the obligation of foster parents generally ends at 18, and only continues past 18 under
special circumstances and typically with federal funding. Thus, foster children often only have the state on
which to rely, an entity that we know does not always provide the most warm, personal or intimately supportive
relationship. Without a supportive network of family, friendship and relationships, social, financial, educational
and professional provisions and opportunities become more limited. Moreover, minimal family support and
social relationships further exacerbate other problems that foster youth face.
Mental and Physical Health Problems, and Lack of Health Insurance
Coming from broken homes, a history of abuse and neglect, and challenged with instability during the
most formative years of their lives, it is not surprising that former foster care children are likely to have
significant mental and physical health problems.22 Studies assert that most foster youth suffer from serious
psychological, emotional, physical and social problems resulting or associated with childhood abuse and
neglect, both within their former homes and within their foster care placements.23 In fact, foster youth suffer
from more mental health problems than the general population.24 And of all children receiving health assistance
through Medicaid, the foster care population receives the highest percentage of services for mental health, either
alone or combined with a physical condition.25
Incongruent with the high presence of health problems among the foster care and former foster care
population and their need for health services, former foster youth often lack sufficient health care. People
within the age group of 18 to 24 are less likely than any other age group to have health insurance, with 70.4%
covered for some or all of 2002 and 29.6% uninsured in 2002.26 Among people in poverty, a population that
overlaps with the former foster care population, 18 to 24 year-olds were the second highest uninsured age group
Martinez, Tina and Michael Wald. Connected by 25: Improving the Life Chances of the Country’s Most Vulnerable 14-24 Year
Olds. Martinez, 10.
18
NRCYS, Transition Years, 11.
19
Courtney, Mark E., Sherri Terao and Noel Bost. Midwest Evaluations of the Adult Functioning of Former Foster Youth: Conditions
of Youth Preparing to Leave State Care in Illinois. Chicago, Illinois: Chapin Hall Center for Children at the University of Chicago,
2004. Courtney, 25.
20
See Table 6: Child Adoption Ages, 1998-2001.
21
SeeTable 6: Child Adoption Ages, 1998-2001.
22
NRCYD, Transition Years, 10.
23
NRCYD, Transition Years, 11.
24
Courtney, 30.
25
Rosenbach, Margo. Children in Foster Care: Challenges in Meeting Their Health Care Needs Through Medicaid, A Policy Brief.
Princeton, NJ: Mathematica Policy Research, 2000. Rosenbach, 5.
26
US Census Bureau, Summary on Health.
17
6
after 25 to 34 year-olds, with 45.5% uninsured in 2001.27 And with or without high school diplomas, which
former foster children often lack, 28% of the entire population without high school diplomas and 18.8% with
diplomas were uninsured. Combining poverty and educational attainment, 37.9% in poverty without high
school diplomas and 36.4% in poverty with high school diplomas were uninsured.28
Furthermore, a 1991Westat national study reported that of the 46% of youth aging-out of foster care
without high school diplomas, 40% were dependent on Medicaid 2.5 to 4 years after leaving foster care. And
because of the low response rate of 50%, the actual percentage of Medicaid-dependent youth is arguably
higher.29 Thus, studies show foster youth aging-out of the system without a high school education, and 18 to 24
year-olds living in poverty and with less educational attainment (a population that resembles the characteristics
of a great number of former foster youth), tend to lack sufficient health insurance coverage although the need
for mental and physical health services is both clear and critical.
Risky Behavior
Substance abuse is a problem for both adolescents in foster care and for those who are aging-out.
Although alcohol consumption rates are similar between foster care and non-foster care youth, a much higher
percentage of foster youth, 56%, reported using street drugs.30 While it is difficult to identify the percentage of
former foster youth between the ages of 18 and 21 who suffer from substance abuse, urban studies have found
that in the runaway and homeless youth population, a population that often overlaps with former foster youth,
anywhere between 20 to 100% of adolescents report substance abuse problems.31
In addition, national surveys have found that foster care and former foster care youth are also more
likely to be involved with criminal behavior.32 The University of Chicago found that the foster youth they
surveyed were more likely to be involved in delinquent action than non-foster care youth in 13 out of 15
offenses.33 Delinquent behavior showing the most drastic discrepancies in likelihood of occurrence between
foster youth and non-foster youth included: severe fighting, running away, causing severe injury, shoplifting,
selling drugs, stealing less than $50, group fighting. Other offenses included: damaging property, lying to
parents, stealing cars, stealing more than $50, breaking and entering and weapon use. The two delinquent
behaviors where foster and non-foster youth acted similarly were far more minor: graffiti and disturbing the
peace.34 Correspondingly, 53.3% of foster youth had been arrested, a statistic much higher than for the general
teen population.35
Low Education Level, Unemployment, Economic Instability
Children in foster care generally have low education levels, resulting understandably from unstable
schooling, crisis within the family and home, mental and physical issues, lack of financial resources and weak
educational foundations. For example, 36.3% of foster children surveyed by the University of Chicago stated
27
US Census Bureau, Current Population Survey, 2002 and 2003 Annual Social and Economic Supplement. Table 2: People in
Poverty Without Health Insurance for the Entire Year by Selected Characteristics: 2001 and 2002.
28
US Census Bureau, Current Population Survey, 2002 and 2003 Annual Social and Economic Supplements. Table 2: People in
Poverty Without Health Insurance for the Entire Year by Selected Characteristics: 2001 and 2002.
29
Goerge, Robert M., Lucy Bilaver and Bong Joo Lee. Employment Outcomes for Youth Aging-out of Foster Care.
http://aspe.hhs.gov/hsp/fostercare-agingout02/. Cited July 14, 2004. Goerge.
30
Connect for Kids: Children and Foster Care. The Impact of Substance Abuse on Foster Care. Connect for Kids, 2004.
http://www.connectforkids.org/content1552/content_show.htm?doc_id=8160&attrib_id=312. Cited July 7, 2004. Connect for Kids,
Substance Abuse.
31
Connect for Kids, Substance Abuse.
32
NRCYD, Transition Years, 15.
33
Courtney, 48.
34
Courtney, 48.
35
Courtney, 49.
7
that they changed schools over five times because of their changing foster care situations.36 These unstable
conditions generate lower levels of educational achievement, repeated academic years and less commitment to
higher education. In 1991, a Westat national evaluation found that 46% of foster youth aging-out of the system
did not have high school diplomas. Youth leaving foster care later on, at age 21 however, were 30% more
likely to have completed high school or earn a GED.37 This percentage is arguably much higher, as the
response rate was only 50% and outcomes of poorer youth could not be surveyed.38
Low education levels produce lower incomes, less job security and higher rates of unemployment.
Logically, youth having completed high school before leaving foster care are more likely to have steady jobs.39
According to a study focusing on California, Illinois and South Carolina, three states that had sufficient data for
analysis and are ranked 1st, 3rd and 33rd for the number of foster children served respectively, youth aging-out of
foster care have mean earnings below the poverty level. With average yearly incomes of $6,000, with a poverty
level of $7,890 in 1997, youth aging-out of foster care live in financial poverty.40 The mean earnings of youth
aging-out of foster care are also significantly lower in comparison to the earnings of their family-reunified and
AFDC/TANF-receiving counterparts.
Additionally, no more than 45% of aging-out youth in these three states had earnings throughout the
thirteen-quarter study.41 Furthermore, former foster youth are often unemployed. The Census Bureau’s
analysis on the U.S. labor force in 2000 found that 20-21 year-olds had strikingly low labor force participation
and employment over other age groups. The unemployment rate within this group was the highest of all age
groups at 9.2%.42 High levels of unemployment within this age bracket, compounded by high levels of
unemployment for those with lower educational attainment, naturally generates high unemployment and
economic instability for former foster youth between the ages of 18 and 21.
In perspective, general 18 to 21 year-old populations often struggle financially. Former foster children
however, are at a significantly greater disadvantage with lower levels of education, lower rates of high school
graduation, higher rates of unemployment, and extensively greater additional personal turmoil. For example,
mean yearly incomes of non-foster care 21 year-olds are two to four times greater than that of former foster care
youth.43 In a survey by The Casey Foundation of their program alumni, only 27% of former Casey foster care
children were homeowners in 2000, versus 67% in comparable age groups not in care.44 Thus, furthered by the
lack of support former foster youth receive after age 18, these inequities of opportunity and support intensify
well into the future.
Homelessness and Housing Concerns
Not surprisingly, with a greater likelihood of low educational attainment, unemployment and economic
instability, former foster children have high rates of homelessness and face adverse housing conditions.
According to the Census Bureau, an increasing majority of 18-24 year-olds since the 1960s (more than 55%)
36
Courtney, 41.
NRCYD, Transition Years, 14.
38
Goerge.
39
NRCYD, Transition Years, 14.
40
Goerge.
41
George.
42
US Census Bureau, Census 2000 Summary File 3. Table 2: Selected Characteristics of the Population 20 to 64 by Employment
Status: 2000.
43
US Census Bureau, Census 2000 Summary File 3. Table 2: Selected Characteristics of the Population 20 to 64 by Employment
Status: 2000 and NRCYD, Transition Years, 14.
44
Pecora, Peter J., et.al. Assessing the Effects of Foster Care: Early Results From the Casey National Alumni Study. The Casey
Foundation, December 10, 2003. http://www.casey.org. Cited July 12, 2004. Casey Foundation.
37
8
live with parents or in dormitories.45 But because former foster youth do not have the familial resources,
relationships or support of non-foster care youth, and because they are often poorly educated, unemployed and
earning minimal income, aged-out foster youth have limited healthy housing options. Some of their options
include: reunifying with former guardians or families who had been charged with abuse and neglect, moving
from couch-to-couch, living with foster parents until they are no longer permitted to, adoption, placement in
transitional living programs, respite at shelters, homelessness or unaccounted status.
Studies show that former foster children are more likely to experience homelessness than non-foster care
children.46 A national study found that nearly 41% of homeless youth in urban health clinics had been placed in
foster care at some point during their childhood compared to just over 6% of their non-foster care
counterparts.47 A 1997 national study of runaway and homeless youth found that 58% of runaways in federal
youth shelters had been in foster care at least once.48 The Casey Foundation reports that almost 1 out of 6
Casey Foundation Alumni were first homeless after leaving foster care.49 In addition, homeless children and
families are very likely to become involved with social service agencies for reasons of inadequate care and
neglect, resulting in an ongoing cyclical relationship between homelessness and foster care. 50
The Ongoing Cycle
The connection between foster care and homelessness, foster care and economic instability, foster care
and risky behavior, foster care and inadequate health care, and foster care and poverty, cycles through
generations. The Casey Foundation found that teenage birth rates among former foster youth are dramatically
higher than among non-foster care youth, at 17.2% versus 8.2% respectively.51 The University of Chicago’s
examination of foster care systems in the Midwest also found that teens in foster care were more than twice as
likely to have been or become pregnant than the general teen population, with pregnancy rates of 37.3% and
18.9% respectively.52 A 1991 Westat Survey found that 17% of girls surveyed had been pregnant at least once
by the time they left the foster care system.53 With high teen pregnancy rates, former foster youth are often
having children before they are able to fully provide for themselves, thus bequeathing their problems onto their
children and continuing cycles of broken families, inadequate care and intense social, economic, psychological
and physical struggle.
Looking at homelessness and foster care, the cyclical relationship is striking. Extended homelessness
from individual to parent and child to families consequently results in “the greatest risk of family dissolution,”
and involvement with the foster care system.54 As approximately half of homeless parents having children at a
young age have been through the shelter system more than twice in their own childhoods compared to the
homeless population at large, these parents have a higher risk of substance abuse, history of domestic violence,
and are more than twice as likely to have a history of mental illness.55 Furthermore, former foster youth that
45
US Department of Commerce, Bureau of the Census, Current Population Reports, Series P-20, Marital Status and Living
Arrangements, no. 410, 445, 450, 461, and 468.
46
Safety Network. Breaking the Foster Care – Homelessness Connection in The Newsletter of the National Coalition for the
Homeless. Safety Network, September to October 1998. http://www.nationalhomeless.org/sn1998/sept/foster.html. Cited July 13,
2004. Safety Network, Homeless Connection.
47
Safety Network, Homeless Connection.
48
Safety Network, Homeless Connection.
49
Casey Foundation.
50
Homes for the Homeless. Homelessness: The Foster Care Connection. New York, NY: Homes for the Homeless, April 1997.
http://www.opendoor.com/hfh/. Cited July 2, 2004. HFH, Foster Care Connection.
51
Casey Foundation.
52
Courtney, 37.
53
Child Welfare League of America. Pregnancy Among Youths in Foster Care. Washington, DC: Child Welfare League of America,
2004. http://www.cwla.org/programs/fostercare/sexualityfcyouth.htm. Cited July 15, 2004.
54
HFH, Foster Care Connection.
55
HFH, Foster Care Connection.
9
become homeless parents are more likely to be dependent on public assistance to provide for their children and
for themselves immediately after aging-out of the foster care system.56
Additionally, homeless parents with a history of foster care were more likely to have their first child at a
young age, to have a child in foster care, to have an active case with the New Your City Administration for
Children’s Services (ACS), and to have been previously homeless.57 In New York City alone, the Institute for
Children and Poverty surveyed 400 homeless parents and found that 20% lived in foster care as children, 70%
experienced sexual, physical or emotional abuse as a child, 20% had one or more children in foster care, and
35% had an open child abuse or neglect case with ACS.58
In evaluations of foster care in the Midwest, The Chapin Hall Center for Children at the University of
Chicago reported the problems of primary caregivers of children before the children entered foster care. Of
these former caregivers, alcohol and drug abuse was the number one problem reported for 75% of caregivers,
65% for combinations of problems, 23% for abuse, 21% for criminal record, and 17% for mental illness.59
Thus, as foster youth age-out of the system and end up without money, jobs, homes and support, cycles of
homelessness and foster care coincide and continue with parental problems, the family history of abuse and
neglect, substance abuse, poor health and inadequate support from the state.
It is imperative that these problems be addressed. Adequate services must be provided to current and
former foster youth between the ages of 18 to 21 to ensure the healthy development of youth as they transition
into adulthood. We must break the cycles of poverty, broken families, abuse and neglect, homelessness and
suffering. Continuing court jurisdiction as an aid to foster youth past age 18 is not a quick fix by any means,
but it will provide an additional advocacy facet to improve the current system of support for youth in care. The
exercise of continued court jurisdiction can help ensure the provision of services and ultimately improve the
process by which we serve dependent foster youth in desperate need of our continued support.
III. Potential Challenges
-- Jane Kim
In speaking with representatives from over forty local transitional living program grantees around the
nation, identified by the National Resource Center for Youth Development, all but one response supported the
policy of continued court jurisdiction over foster youth after age 18. While most grantees recognized that
continuing court jurisdiction was not the sole solution necessary to improve the system of transitional services,
the great majority agreed that continuing court jurisdiction is crucial to effectively supporting the 18 to 21 foster
care population.
The three primary challenges presented in discussions with transitional living program grantees, state
agencies, and child advocates were concerns about funding, availability of appropriate transitional service
programs, and whether the use of extended court jurisdiction would be effective. In this section, we will
examine these potential challenges, present potential solutions and justifications, and ultimately argue the merits
of continuing court jurisdiction for youth in the process of aging-out of the foster care system.
56
HFH, Foster Care Connection.
HFH, Foster Care Connection.
58
HFH, Foster Care Connection.
59
Courtney, Mark E., Sherri Terao and Noel Bost. Midwest Evaluations of the Adult Functioning of Former Foster Youth: Conditions
of Youth Preparing to Leave State Care in Illinois. Chicago, Illinois: Chapin Hall Center for Children at the University of Chicago,
2004. (Courtney, 14).
57
10
Funding
The question of funding is always a concern in implementing policy. Naturally, several transitional
services grantees asked where the money would come from for continued juvenile court jurisdiction to support
attorneys, judges, staff, and court administration involved in the extended jurisdiction cases.
Currently, foster youth and former foster youth between the ages of 18 and 21 are receiving services
from three primary avenues: independent living programs, transitional living programs, and homeless shelters.
While state agencies fund room and board for independent living programs, funding for independent living
programs, transitional living and homeless shelter programs derive from state and local monies, but
predominantly from federal funds, through Title IV-E of the Social Security Act, the Foster Care Independence
Act, or the Runaway and Homeless Youth Act, respectively.60
For the fiscal year 2005, the federal budget may allot $60 million for the Foster Care Independent Living
Program to “help old foster youth transition into adulthood and self-sufficiency after leaving foster care.”61
According to the White House, this program also offers youth aging-out of foster care education vouchers to
fund up to $5,000 for higher or vocational education.62 In addition, The U.S. Department of Health and Human
Services strategic plan to end chronic homelessness has a budget of $390 million as of 2003; a small portion of
this budget will go to serving youth ages 18 to 21 through the Runaway and Homeless Youth Act. 63 Thus,
there is a fair sum of federal monies allocated for programs supporting former foster youth between the ages of
18 to 21. These funds, in addition to contributions from state and local resources, generate a feasible starting
point to continue transitional programs along with a policy of continued court jurisdiction for foster youth past
the age of 18 as a “check and balance” on whether those funds are being effectively used to aid individual youth
whom the court has jurisdiction over.
Moreover, the social and economic costs of not addressing the welfare of foster youth who are aging-out
of the system are detrimental to society from both a sociological and economic viewpoint. As previously stated,
former foster children are often unemployed, homeless, dependent on public welfare and Medicare, and are
more prone to risky behaviors. Problems of homelessness, foster care reliance, mental and health problems,
substance abuse and dependency on public welfare services often continue through generations in a cyclical
manner. Without providing foster youth transitioning into adulthood with the opportunity and support
necessary to advance and succeed, we are not only ignoring a problem of the present but a problem that will
continue to worsen with time. If genuine advancements for this struggling population are not facilitated, former
foster youth and their families will continue to depend on social services and will continue unproductive,
unhealthy behavior.
Availability of Appropriate Programs
Continued court jurisdiction over foster youth past the age of 18, with consent of the individual, would
improve the process by which services are appropriately provided to this population. The problem of the
unavailability of appropriate services to address the needs of aging-out and aged-out foster youth was raised by
a handful of interviewed grantees. Essentially, their concerns address the absence of programs available to
effectively and consistently serve foster care youth after they turn 18. Without available programs and services,
continued court jurisdiction would arguably be at best a nominal policy and an irritant to the youth involved.
Thus, a significant challenge is to create successful programs and services that courts can then legally help
assure that youth access.
60
Courtney, 4.
Office of Management and Budget, The Executive Office of the President. Department of Health and Human Services. Budgetary
Outline as of July 13, 2004. http://www.whitehouse.gov/omb/budget/fy2005/hhs.html. Cited July 13, 2004. OMB, HHS Budget.
62
OMB, HHS Budget.
63
OMB, HHS Budget.
61
11
Independent living, transitional living and runaway and homeless youth programs for youth transitioning
into independence from age 16 upwards have been emerging and developing within the past decade. Several
models are being tested, and the elements critical for success are currently being evaluated. For example, “life
skills” training teaches transitioning youth how to best manage their money, how to find and maintain
employment, and how to successfully and independently care for one’s property and person. Acknowledged as
effective and necessary, the life skills curriculum has thus been incorporated into most programs serving
transitioning youth, regardless of whether they are day, respite or temporary placements.
Other aspects of these programs, such as the structure of transitional living arrangements, are still being
examined. For instance, current discussion involves which scenarios are most optimal for “scattered,” “group”
or “campus” housing and most effective in promoting independent, healthy behavior.64 In this way, new
approaches toward services for adolescents between the ages of 18 to 21 are in fact developing on the national
level.
However, numerous jurisdictions report that appropriate services for foster youth between the ages of 18
to 21 do not exist. While transitional living programs are springing up and homeless shelter designed
specifically for transitioning youth have emerged in most states, some areas do not have the resources to create
needed specialized services for the 18 to 21 year-old population. For example, we have found that, in several
regions, youth still age-out of the foster care system at age 18 and then have to turn to adult homeless shelters
designed to serve adults past the age of 30. Lacking “living skills” programs, appropriate housing and
protection, and the understanding, sensitivity and training necessary to serve transitioning youth who are still
children in many ways, services for adults are often inadequate for 18 to 21 year-olds.
Continuing court jurisdiction over foster youth past the age of 18 would hopefully help compel the
development of more services for 18 to 21 year-old current and foster youth. The retention of court jurisdiction
over youth past age of 18 can promote greater oversight and review of resources available to this population.
More specifically, in cases where youth are now becoming homeless or unaccounted for and do not have the
knowledge of available services, continued court jurisdiction would ensure greater advocacy, responsibility and
care to continue supporting youth and informing them of their options. Thus, continuing court jurisdiction over
foster youth past the age of 18 may act both as a stepping-stone to improvement of programs and services and
also to better assure that current services are being objectively, necessarily and rightfully provided.
Whether Use of Extended Court Jurisdiction Will be Effective
The real effect of continuing court jurisdiction over foster youth past the age of 18 has been questioned
by a few we spoke to. Criticisms address four concerns regarding the actual impact of continuing court
jurisdiction: (1) the potential for misuse of such a policy to retain custody and control over youth who are now
“adults”; (2) the potential for misinformed consent, or dissent, of the youth that affects whether the court will
maintain its involvement; (3) the court’s rubber-stamping the continuation of inadequate services within a
failing foster care system; and (4) the failure of judges, despite their legal authority, to use their discretion to
keep cases open after a youth turns 18. In this section, we will address these concerns to demonstrate that
continued court jurisdiction might not be fully effectual in every situation, but that in general it can have a very
positive value in countless jurisdictions, well into the future.
First, a concern about judicial misuse of a policy permitting continued court jurisdiction over a foster
youth past the age of 18 is reasonable. Although youth are often unprepared for complete independence and
64
Scattered housing is a type of transitional living arrangement where serviced youths are placed in different areas or communities of
a city. Group housing places serviced youths in apartment-style complexes such that a group of 3-8 youths are living together.
Campus housing sections off a group of apartments, clustering together communities of serviced youth.
12
require continued services past age 18, they are also legally adults who would be continuing to appear before a
“juvenile” court. Reconciling a youth in need of continued support and his or her adulthood can be achieved by
requiring knowing and freely given consent of the youth in the court’s continuing jurisdiction over their case as
a condition of continued court involvement. In states that already continue jurisdiction over foster youth past
age 18, the consent of the youth is sometimes required by statute and is almost always taken into consideration
by the courts. With this requirement, the youth would have the option of keeping his or her case open,
safeguarding against judicial misuse or inappropriate exercising authority over the individual. Consent of the
youth is essential, as the spirit of such a policy is to continue court jurisdiction and to ensure services that is the
best interest of the youth.
Second, as we have explained earlier, 18 year-olds are legally adults but are often socially, financially,
intellectually and emotionally unprepared for complete independence. Several transitional living grantees
explained to us that when standing before the court at 18, a foster youth may not be properly informed to be in a
position to knowingly give consent for either the continuance or discontinuance of court jurisdiction over their
case. With a great number of foster youth disgruntled with the system, many may mistakenly opt-out of
continued court jurisdiction. Others may not be appropriately informed by their caseworkers or by the courts as
to the effect of continued court jurisdiction and its benefits. Regardless of why transitioning youths may decide
not to continue court jurisdiction over their case, a great majority will likely later regret this decision, once they
face the harsh realities of the streets.
To alleviate misinformed consent or dissent of continued court jurisdiction for foster youth past their
18 birthday, an attorney should be provided for each youth in this situation to inform them of their rights and
of the meaning and effect of continuing court jurisdiction. In addition, every pre- and post-18 youth should be
provided with a specified period of time in which they can return to the court and ask to “re-open” their case,
should they later become better informed or later realize their need for continued court jurisdiction. For
example, if an 18 year-old opts-out of continued court jurisdiction and realizes a few months later that he or she
will not receive enough financial aid to attend college, loses his or her job or a place to stay and desperately
needs support, he or she should have the ability to return to the court, given that only a reasonable amount of
time has passed, and have his or her case re-opened. This would help ensure that continuing court jurisdiction
would positively affect all those for whom such a policy aims to serve.
th
Third, the foster care system has been labeled by critics as a “failing system.” Cynics argue that
continuing court jurisdiction over foster youth, even with consent of the youth, will be ineffectual and occur
within an inadequate system where services are not being effectively provided. Continued court jurisdiction, in
this view, would merely continue the time in which foster youth receive insufficient and sometimes abusive
services provided by the state. In contrast to the views of these critics, a poll of 474 youth in Illinois found that
the majority of foster youth at ages 17 and 18 were satisfied with the foster care system, felt lucky to be placed
in that system, and believed their caseworkers and foster parents helped them.65 Also, a notably high
percentage – approximately 50%  of foster youth discharged from the system stated they would return to the
foster care agency for additional help for financial, personal, employment, family, housing and health
problems.66 This reveals the recognized assistance that the foster care system can provide.
The foster care system undeniably has its weaknesses and requires substantial improvement. Continuing
court jurisdiction over foster youth past one’s 18th birthday, however, does not aim to reinvent the foster care
system. While we hope improved services and delivering them to needy youth will be a by-product of
continued court authority and oversight, that is not the central aim of continuing court jurisdiction over their
cases. Such a policy focuses specifically on empowering courts (and the legal advocates for youth) with the
authority and ability to objectively ensure the continuation of services to those in need.
65
66
Courtney, 21.
Courtney, 22.
13
Fourth, we have found that states with statutory provisions for continued court jurisdiction are often not
fully utilizing that authority. In reality, this means that courts are frequently not ensuring the continued
provision of services to foster youth over 17 as often and as effectively as expected when the legislatures
provided for continued jurisdiction. With limited funding and personnel, courts and social service providers
have been working to reduce their dockets and case loads and often release custody and care over youth before
it is appropriate and before it is required by law.
For example, California law enables continued court jurisdiction over “any person who is found to be a
dependent child of the juvenile court until the ward or dependant child attains the age of 21 years.”67 Even so,
according to California Independent Living providers, the courts habitually opt-out of retaining jurisdiction over
foster youth when the turn 18 and seldom ever continue jurisdiction past the age of 19; jurisdiction is more
often continued in specific cases for youth graduating from high school by the age of 19. In this way, critics
assert that a policy of continuing court jurisdiction over foster youth between the ages of 18 and 21 would be
ineffectual because courts simply may fail to utilize the authority of the law.
On the other hand, all policies, when not exercised appropriately, have the potential for ineffectuality.
Whether or not a judge decides to disregard the authority he or she has through the law, or whether or not
lawyers, caseworkers, service providers, youth, interest groups and members of the community work to change
a court’s non-exercise of the law, is a potential reality. Nonetheless, for those who utilize the law, a provision
for courts, judges, caseworkers, lawyers and foster children to have the benefit of continued court jurisdiction
over these cases will undoubtedly benefit aging-out foster youth as they transition into adulthood.
IV. CONCLUSION
-- Kevin Sobczyk
Foster youth face a variety of challenges as they prepare for adulthood. The transition period between
the ages of 18 to 21 is a time when support networks and essential services such as housing, health care,
educational and vocational needs must be available to developing young people. When the system fails and
agencies are not fulfilling their responsibilities under the Chafee Act and their respective state child welfare
mandates, youth face the daunting task of adjusting to life on their own without the services they need. When
this becomes the case, it can lead to homelessness, drug use and crime. Yet, age 18 is the time when courts in
about half the states  including Texas and Florida, two of the eights states with the highest foster care
populations68  terminate court jurisdiction over foster youth. This leaves them legally on their own to navigate
the social service system that still has the potential to give them assistance, and it removes a safeguard that can
help ensure the youth does not fall through the cracks.
As mentioned, the American Bar Association has called for all states to offer youth the option of
extended juvenile court jurisdiction beyond 18 up to 21, to ensure that lawyers and other child advocates have a
legal avenue to seek essential services that a youth needs. Jurisdictions such as California, New York, Illinois
and Pennsylvania, which are included in the eight largest foster care states,69 extend potential court jurisdiction
to age 21. Each of these states offer legal advocates the opportunity to speak on an older youth’s behalf and
help ensure that essential services are being provided.
Extending juvenile court jurisdiction is not another needless layer of oversight to an already overloaded
system. Rather it provides a much-needed objective observer to help assure that all parties involved in the
transitional period for foster youth, from the agency to the youth him or herself, to be heard and express
67
See Table 2: Continued State Court Jurisdiction of Juveniles in Dependency (Abuse/Neglect) Cases State Legislative Analysis.
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
69
Pew Commission on Children in Foster Care: Ranking of Foster Care Population by State (FY 2001)
68
14
frustrations and or needs. Often such extended jurisdiction enables a youth to receive important services they
would otherwise be unable to receive, such as special educational assistance or special medical care. This of
course suggests that legal advocates be involved in representing foster youth after they turn 18 to help ensure
that adequate case planning has been provided and appropriate social services are made available. Increased
involvement by youth advocates are far less effective in jurisdictions that terminate jurisdiction at 18, because
there is little legal recourse to ensure that there is compliance with any case planning, whether it is the fault of
the youth or the agencies involved.
The number of cases that require such oversight is but a small percentage of the total population in foster
care, and often these cases have already been in the system for some time. So it is a matter of extending the
cases, rather than taking on new and unknown cases, for time has already been invested in the care and
assistance of these foster youth. All that is needed is an offer of extended court jurisdiction that a youth can
elect to retain or to help re-open a case when the youth needs court assistance in helping assure an effective case
plan and services. Youth advocates need the process of extended court jurisdiction to best represent a
transitioning youth’s interests and ensure that they have the best opportunity to become productive, well
adjusted adults in the larger society.
Table 1: Continued State Court Jurisdiction of Juveniles in Dependency
(Abuse/Neglect) Cases -- State Legislative Listing
Notes: In every one of the states, the courts must first assume jurisdiction before the person’s
18th birthday. “Age Limit” represents the birthday at which jurisdiction ends.
State
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Statutory Age Limit
21
20 upon request of
child
21
21
21
State
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
Connecticut
New York
Delaware
District of
Columbia
Florida
Georgia
Hawaii
North Carolina
North Dakota
21
Ohio
Oklahoma
Oregon
Idaho
18
18
19 (or until full term
for which order
entered expires)
18
Illinois
Indiana
21
21
Rhode Island
South Carolina
Pennsylvania
Statutory Age Limit
21
21
18 but still eligible for
agency transitional
services
21 upon consent of
child
18
20
21
21 child may not be
released if committed
by court
21 upon request of
child
15
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
South Dakota
21
18
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
21
20
19
20
21
21 for purposes of
termination of parental
rights through final
adoption
18
21
Of the 50 States, 31 explicitly mention a specific age for the juvenile court’s “retention of jurisdiction” or
“continued jurisdiction” of children in child protection cases (i.e., children in need, dependent children, abused
and neglected children).
23 States have some type of provision(s) for continued court jurisdiction past age 18. 17 of those provide for
jurisdiction until age 21, 3 until age 20, and 2 until age 19.
Table 2: Continued State Court Jurisdiction of Juveniles in Dependency
(Abuse/Neglect) Cases -- State Legislative Analysis
State
Alabama
Alaska
Statutor Statute
y Age
Limit
Section 38-7-2
21
20 (upon
request
of child)
Notes
Public Welfare – Children – Definitions
(1)
CHILD. Any person under 19 years of age, a person under the continuing
jurisdiction of the juvenile court pursuant to Section 12-15-32, or a person under 21
years of age in foster care as defined by the Department of Human Resources.
Section 12-15-32
Courts – Juvenile Proceedings – Retention and Termination of jurisdiction generally
(a)…jurisdiction obtained by the juvenile court in any case of a child shall be
retained by it until the child becomes 21 years of age unless terminated prior thereto
by order of the judge of the juvenile court…
Section 12-15-30
Courts – Juvenile Proceedings – Original jurisdiction generally - Children.
a) The juvenile court shall exercise exclusive original jurisdiction of proceedings in
which a child is alleged to be delinquent, dependent or in need of supervision.
Section 47.10.100
Welfare, Social Services and Institutions – Children in Need of Aid – Retention of
Jurisdiction Over Minor.
(a) The court…in the exercise of its power of protection over the minor and for the
minor’s best interest, for a period of time not to exceed two years or in any event
extend past the day the minor becomes 19…the court may grant an additional oneyear period of supervision past age 19 if continued supervision is in the best interests
of the person and the person consents to it.
16
Arizona
Arkansas
21
California
21
Colorado
21
Connecticut
District of
Columbia
21
Section 23.12.16.2303
Family Division Proceedings - Proceedings regarding delinquency, neglect or need
of supervision – Retention of jurisdiction
For purposes of this subchapter, jurisdiction obtained by the Division in the case of a
child shall be retained by it until the child becomes twenty-one years of age, unless
jurisdiction is terminated before that time. This section does not affect the
jurisdiction of other divisions of the Superior Court or of other courts over offenses
committed by a person after he ceases to be a child. If a minor already under the
jurisdiction of the Division is convicted in the Criminal Division or another court of
a crime committed after he ceases to be a child, the Family Division may, in
appropriate cases, terminate its jurisdiction.
Delaware
Florida
18
Georgia
18
Hawaii
19 (or
until full
term for
which
order
expires)
Section 5.39.013.
Judicial Branch – Proceedings Relating to Children – Procedures and jurisdiction;
right to counsel
(2)…When the court obtains jurisdiction of any child who has been found to be
dependent, the court shall retain jurisdiction, unless relinquished by its order, until
the child reaches 18 years of age.
Section 15.11.2
Proceedings, Incompetency and Dependency - Definitions
(2) “Child” means any individual who is:
© Under the age of 18 years, if alleged to be a “deprived child” as defined by this
Code section.
Section 587-12
Retention of jurisdiction
Except as otherwise provided in this chapter, jurisdiction invoked by the court under
this chapter may be retained by it, for the purposes of this chapter, after the child
becomes eighteen years of age until the full term for which any order entered expires
or until the child becomes nineteen years of age.
Section 9.27.303.31
Definitions
“Juvenile" means an individual who:
(C)(i) Is adjudicated dependent-neglected before reaching the age of eighteen (18)
years.
(ii) The juvenile may ask the court to retain jurisdiction past his or her eighteenth
birthday.
(iii) The court shall grant the request only if the juvenile is engaged in a course of
instruction or treatments.
(iv) The court shall retain jurisdiction only if the juvenile remains in instruction or
treatment.
(v) The court shall dismiss jurisdiction upon request of the juvenile or when the
juvenile completes, leaves, or is dismissed from instruction or treatment.
(vi) In no event shall this person remain within the court's jurisdiction past the age
of twenty-one (21) years;
Section 6.303
Welfare and Institutions Code – Dependent Children - Jurisdiction
The court may retain jurisdiction over any person who is found to be a dependent
child of the juvenile court until the ward or dependent child attains the age of 21
years.
Section 19-3-205
Children’s Code – Dependency and Neglect – Continuing Jurisdiction – Continuing
jurisdiction.
…the jurisdiction of the court over any child adjudicated as neglected or dependent
shall continue until he becomes twenty-one years of age unless earlier terminated by
court order.
17
Idaho
18
Illinois
21
Indiana
21
Iowa
Kansas
21
Kentucky
18
Louisiana
Maine
Maryland
21
Section 16.1604
Juvenile Proceedings – Child Protective Act – Retention of Jurisdiction
(1) Jurisdiction obtained by the court under this chapter shall be retained until the
child's eighteenth birthday, unless terminated prior thereto.
705 ILCS 405/2-31
(1) All proceedings under this Act in respect of any minor for whom a petition was
filed after the effective date of this amendatory Act of 1991 automatically terminate
upon his attaining the age of 19 years, except that a court may continue the wardship
of a minor until age 21 for good cause when there is satisfactory evidence presented
to the court and the court makes written factual findings that the health, safety, and
best interest of the minor and the public require the continuation of the wardship
Section IC 31.30.2.1
Family Law and Juvenile Law – Juvenile Law: Juvenile Court Jurisdiction Continuing juvenile court jurisdiction
Sec. 1. (a) Except as provided in subsections (b) and (c), the juvenile court's
jurisdiction over a delinquent child or a child in need of services and over the child's
parent, guardian, or custodian continues until:
(1) the child becomes twenty-one (21) years of age, unless the court discharges the
child and the child's parent, guardian, or custodian at an earlier time; or
Section IC 31.34.1.1
Sec 1. A child is a child in need of services if before the child becomes eighteen (18)
years of age:
(1) the child’s physical or mental condition is seriously impaired or seriously
endangered as a result of the inability, refusal or neglect of the child’s parent,
guardian, or custodian to supply the child with necessary food, clothing, shelter,
medical care, education, or supervision; and
(2) the child needs care, treatment, or rehabilitation…
Section 38-1503
Minors – Kansas Code for Care of Children – Jurisdiction
(c) When jurisdiction has been acquired by the court over the person of a child in
need of care it may continue until the child: (1) Has attained the age of 21 years; (2)
has been adopted; or (3) has been discharged by the court. Any child 18 years of age
or over may request, by motion to the court, that the jurisdiction of the court cease.
Subsequently, the court shall enter an order discharging the person from any further
jurisdiction of the court.
Section 25.610.010 Unified Juvenile Code – Procedural Matters – District Court
jurisdiction of juvenile matters
(1) Unless otherwise exempted by KRS Chapters 600 to 645, the juvenile session of
the
District Court of each county shall have exclusive jurisdiction in proceedings
concerning any child living or found within the county who has not reached his or
her eighteenth birthday or of any person who at the time of committing a public
offense was under the age of eighteen (18) years, who allegedly:
(13) The court shall have continuing jurisdiction over a child pursuant to subsection
(1) of this section, to review dispositional orders, and to conduct permanency
hearings under 42 U.S.C. sec. 675(5)(c) until the child is placed for adoption,
returned home to his or her parents with all the court imposed conditions terminated,
or reaches the age of eighteen (18) years.
Section 3.804
Courts and Judicial Proceedings – Continuing jurisdiction; termination of
jurisdiction
(a) Jurisdiction where CINA [Child in Need of Assistance from 3.801 Definitions] is
under 18 – The court has jurisdiction under this subtitle only if the alleged CINA is
under the age of 18 years when the petition is filed.
(b) Duration – If the court obtains jurisdiction over a child, that jurisdiction
continues in that case until the child reaches the age of 21 years, unless the court
terminates the case.
18
Massachusetts
Michigan
20
Minnesota
19
Mississippi
20
Missouri
21
Montana
Nebraska
21
Section 62B.410.2
Termination and retention of jurisdiction. Except as otherwise provided in NRS
62F.110 and 62F.220, if a child is subject to the jurisdiction of the juvenile court, the
juvenile court:
2. May retain jurisdiction over the child until the child reaches 21 years of age.
21
Section 169.C.4
(II) The Court may, with consent of the child, retain jurisdiction over any child,
who, prior to his eighteenth birthday, was found to be neglected or abused and who
is attending school until such child complete high school, or until his twenty-first
birthday, whichever occurs first; and the court is authorized to and shall make such
orders relative to the support and maintenance of said child during the period after
the child’s eighteenth birthday, as justice may require.
18 (but
still
eligible
for
Section 32A.1.8
Children’s Code, Jurisdiction of the court, tribal court jurisdiction
A. The court has exclusive original jurisdiction of all proceedings under the
Children's Code [this chapter] in which a person is eighteen years of age or older
and was a child at the time the alleged act in question was committed or is a child
Nevada
New
Hampshire
New Jersey
New Mexico
Section 712.A.2a
Probate Court – Juveniles and Juvenile Division – Extension of jurisdiction
(1) Except as otherwise provided in subsection (2), if the court has exercised
jurisdiction over a juvenile under section 2(a) or (b) of this chapter, jurisdiction shall
continue for a period of 2 years beyond the maximum age of jurisdiction conferred
under section 2 of this chapter, unless the juvenile is released sooner by court order.
Section 260C.193
Public welfare and related activities – Child Protection – Dispositions; general
provisions – Termination of jurisdiction.
(6) Termination of jurisdiction. The court may dismiss the petition or otherwise
terminate its jurisdiction on its own motion or on the motion or petition of any
interested party at any time. Unless terminated by the court, and except as otherwise
provided in this subdivision, the jurisdiction of the court shall continue until the
individual becomes 19 years of age if the court determines it is in the best interest of
the individual to do so. Court jurisdiction under section 260C.007, subdivision 6,
clause (14), may not continue past the child’s 18 th birthday.
Section 43.21.151
Public Welfare – Youth Court - Jurisdiction
(2) Jurisdiction of the child in the cause shall attach at the time of the offense
[charge of abuse against a child is included] and shall continue thereafter for that
offense until the child’s twentieth birthday unless sooner terminated by order of the
youth court. The youth court shall not have jurisdiction over offenses committed by
a child on or after his eighteenth birthday.
Section 12.211.041
Public Health and Welfare – Juvenile Courts - Continuing jurisdiction over child,
exception, seventeen-year-old violating state or municipal laws.
When jurisdiction over the person of a child has been acquired by the juvenile court
under the provisions of this chapter in proceedings coming within the applicable
provisions of section 211.031, the jurisdiction of the child may be retained for the
purpose of this chapter until he has attained the age of twenty-one years…
Section 211.031
Public Health and Welfare – Juvenile Courts – Juvenile court to have exclusive
jurisdiction, when – exceptions.
(1) Involving any child or person seventeen years of age who may be a resident of or
found within the county and who is alleged to be in need of care and treatment
because:
(a) The parents…neglect or refuse to provide proper support, education…care
necessary for his or her well-being…
(b) The child or person…is otherwise without proper care, custody, or support…
Continuing
over child
custody
19
agency
transitional
services)
New York
21 (upon
consent
of child)
North Carolina
18
North Dakota
20
Ohio
21
Oklahoma
Oregon
Pennsylvania
21 child
may not
be
released
if
commited by
court
21 (upon
request
of child)
alleged to be:
(3) a neglected child (4) an abused child
Section 32A.4.24
Limitations on dispositional judgments; modification, termination or extension of
court orders
(f) When a child reaches eighteen years of age, all neglect and abuse orders affecting
the child then in force automatically terminate. The termination of the orders shall
not disqualify a child from eligibility for transitional services.
Family Court Act 1055
(e) No placement may be made or continued under this section beyond the child’s
eighteenth birthday without his consent and in no event past his twenty first
birthday.
Section 7B.2.200/201
Juvenile Code – Jurisdiction and Retention of Jurisdiction
The court has exclusive, original jurisdiction over any case involving a juvenile who
is alleged to be abused, neglected, or dependent.
Retention of Jurisdiction
When the court obtains jurisdiction over a juvenile, jurisdiction shall continue until
terminated by order of the court or until the juvenile reaches the age of 18 years or is
otherwise emancipated, whichever occurs first.
Section 27.20.36
Judicial Branch of Government - Uniform Juvenile Court Act - Limitations of time
on orders of disposition
6. Except as provided in subsection 1 [orders to terminate parental rights], when the
child attains the age of twenty years,
all orders affecting the child then in force terminate and the child is discharged from
further obligation or control.
Section 2151.353
Juvenile Court – Disposition of abused, neglected or dependant child
(E) (1) The court shall retain jurisdiction over any child for whom the court issues an
order of disposition…until the child attains the age of eighteen years if the child is
not mentally retarded, developmentally disabled, or physically impaired, the child
attains the age of twenty-one years if the child is mentally retarded, developmentally
disabled, or physically impaired, or the child is adopted and a final decree of
adoption is issued, except that the court may retain jurisdiction over the child and
continue any order of disposition under division (A) of this section…for a specified
period of time to enable the child to graduate from high school or vocational school.
Section 419B.328
(2) The court’s wardship continues, and the ward is subject to the court’s
jurisdiction, until one of the following occurs:
(e) The ward becomes 21 years of age. The court may commit a ward to the
Department of Human Services for placement in foster care, and when so
committed, the ward may not be released from foster care unless the court orders or
the ward becomes 21.
Section 42.6. 6302
Actions, Proceedings and other matters generally - Juvenile Matters - General
Provisions - Definitions
“Child.”
An individual who:
1. is under the age of 18 years;
2. is under the age of 21 years who committed an act of delinquency before reaching
the age of 18 years; or
3. was adjudicated dependent before reaching the age of 18 years and who, while
engaged in a course of instruction or treatment, requests the court to retain
jurisdiction until the course has been completed, but in no event shall a child remain
in a course of instruction or treatment past the age of 21 years.
“Dependent Child”
20
A child who:
1. is without proper parental care or control, subsistence, education…or other care or
control necessary for his physical, mental, or emotional health or morals…
Rhode Island
South Carolina
South Dakota
21 -- for
purposes
of
termination of
parental
rights
through
final
adoption
Section 26.7A.1
Minors - Juvenile Court - Definition of terms. Terms used in this chapter and in
chapter 26-8A, 26-8B, and 26-8C mean:
5. “Child,” a person less than eighteen years of age and any person under twenty-one
years of age who is under the continuing jurisdiction of the court or who is before
the court for an alleged delinquent act committed before the person’s eighteenth
birthday.
Section 26-8A-29
Minors, Protection of Children from Abuse and Neglect
Continuing jurisdiction over abused or neglected child.
In any action involving the termination of parental rights of both parents or any
surviving parent, the court has continuing jurisdiction of the action and of the abused
or neglected child for the purposes of review of status of the child until the adoption
of the child is fully completed.
Tennessee
Texas
Utah
18
Section 78-3a-104
Jurisdiction of juvenile court – Original – Exclusive
1. Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings concerning:
c. a minor who is an abused child, neglected child, or dependent child, as those
terms are defined in Section 78-78-3a-103 Definitions
q. “Minor” means a person under the age of 18 years.
Vermont
Virginia
21
Section 16.1.242
Retention of Jurisdiction
When jurisdiction has been obtained by the court in the case of any child, such
jurisdiction may be retained by the court until such person becomes twenty-one
years of age, except when the person is in the custody of the Department or when
jurisdiction is divested under the provisions of §16.1-244. In any event, when such
person reaches the age of twenty-one and a prosecution has not been commenced
against him, he shall be proceeded against as an adult, even if he was a juvenile
when the offense was committed.
Section 63.2.908
B. A local department or a licensed child-placing agency shall have authority
pursuant to a court order to place a child over whom it has legal custody in a
permanent foster care placement where the child shall remain until attaining
majority or thereafter, until the age of twenty-one years, if such placement is a
requisite to providing funds for the care of such child, so long as the child is a
participant in an educational, treatment or training program approved pursuant to
regulations of the Board.
Washington
West Virginia
Wisconsin
Wyoming
21
Table 3: Foster Care Youth In Care, 1998-2001
In Care
Year
200170
200071
199972
199873
Total
Number of
Children in
Foster Care
------------16-18----------
Number of
Percentage
Children in
Children in
Foster Care, Foster Care,
Ages 16-18
Ages 16-18
542,000
556,000
581,000
560,000
89,632
89,751
90,293
76,784
17
16
16
14
-------- 19 and Over -----
Number of
Percentage
Children in
of Children
Foster Care, in Foster
Ages 19 and Care, Ages
Over
19 and Over
10,424
2
10,120
2
9,335
2
7,886
1
Table 4: Foster Care Youth Exiting Care, 1998-2001
Exiting Care
Year
200174
200075
199976
199877
Total
Number of
Children
Exiting
Foster Care
------------16-18----------
Number of
Percentage
Children
Children
Exiting
Exiting
Foster Care, Foster Care,
Ages 16-18
Ages 16-18
263,000
275,000
251,000
248,000
53,253
56,617
52,738
50,442
20
21
21
20
-------- 19 and Over -----
Number of
Percentage
Children
of Children
Exiting
Exiting
Foster Care, Foster Care,
Ages 19 and Ages 19 and
Over
Over
5,005
2
5,265
2
5,334
2
6,157
2
70
The AFCARS Report #8. (Preliminary Estimates published March 2003 for 2001.) U.S. Department of Health and Human
Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau.
www.acf.hhs.gov/programs/cb. Cited July 6, 2004. < http://www.acf.hhs.gov/programs/cb/dis/afcars/publications/afcars.htm>.
71
The AFCARS Report #7. (Interim Estimates published August 2002 for 2000.) U.S. Department of Health and Human Services,
Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau.
www.acf.hhs.gov/programs/cb. Cited July 6, 2004. < http://www.acf.hhs.gov/programs/cb/dis/afcars/publications/afcars.htm>.
72
The AFCARS Report #6. (Interim Estimates published April 2001 for 1999.) U.S. Department of Health and Human Services,
Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau.
www.acf.hhs.gov/programs/cb. Cited July 6, 2004. < http://www.acf.hhs.gov/programs/cb/dis/afcars/publications/afcars.htm>.
73
The AFCARS Report #3. (Interim Estimates published April 2000 for 1998.) U.S. Department of Health and Human Services,
Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau.
www.acf.hhs.gov/programs/cb. Cited July 6, 2004. < http://www.acf.hhs.gov/programs/cb/dis/afcars/publications/afcars.htm>.
74
AFCARS Report #8.
75
AFCARS Report #7.
76
AFCARS Report #6.
77
AFCARS Report #3.
22
Table 5: Foster Care Youth Entering Care, 1998-2001
Entering Care
Year
Total
Number of
Children
Entering
Foster Care
------------16-18----------
Number of
Percentage
Children
Children
Entering
Entering
Foster Care, Foster Care,
Ages 16-18
Ages 16-18
200178
200079
199980
199881
32,261
32,091
33,057
31,013
290,000
291,000
297,000
286,000
11
11
11
11
-------- 19 and Over -----
Number of
Percentage
Children
of Children
Entering
Entering
Foster Care, Foster Care,
Ages 19 and Ages 19 and
Over
Over
227
0
216
0
269
0
252
0
Table 6: Child Adoption Ages, 1998-2001
Child Adoption Ages
Year
Total Number of Children Adopted
Adopted Children less than 1 year old
(Number/Percent)
Adopted Children 1-5 years old
(Number/Percent)
Adopted Children 6-10 years old
(Number/Percent)
Adopted Children 11-15 years old
(Number/Percent)
Adopted Children 16-18 years old
(Number/Percent)
Adopted Children 19 and Over
(Number/Percent)
Mean Age of Adopted Children
Median Age of Adopted Children
200182
50,000
993
2%
22,942
46%
16,759
34%
8,075
16%
1,187
2%
57
0%
6.9
6.3
200083
51,000
929
2%
23,149
45%
17,835
35%
7,954
16%
1,087
2%
43
0%
6.9
6.3
199984
46,000
831
2%
20,708
45%
16,498
36%
7,021
15%
901
2%
42
0%
6.9
6.4
199885
36,000
577
2%
16,387
46%
13,177
37%
5,145
14%
714
2%
6.9
6.3
78
AFCARS Report #8.
AFCARS Report #7.
80
AFCARS Report #6.
81
AFCARS Report #3.
82
AFCARS Report #8.
83
AFCARS Report #7.
84
AFCARS Report #6.
85
AFCARS Report #3.
79
23
AMERICAN BAR ASSOCIATION
RECOMMENDATION
RESOLVED, that the American Bar Association urges Congress and state and territorial legislatures to
enact laws that provide youth in foster care full access, up to age 21, to independent and transitional living
services and health care, and
FURTHER RESOLVED, that the American Bar Association urges state and territorial legislatures to
permit the extension of jurisdiction of dependency courts over youth transitioning from foster care until age 21,
when appropriate, to ensure that youth have access to the court, and to legal and social services through the
court, and to fully implement the provisions of the federal Foster Care Independence Act, including
implementation of the Medicaid expansion option, and
FURTHER RESOLVED, that the American Bar Association work to ensure that youth transitioning out
of foster care have access to competent counsel who can advocate for necessary services and safeguards.
REPORT
After I aged out of foster care, I went homeless, and I mean completely homeless. I was sleeping
outside, I was sleeping behind McDonald’s, I was sleeping in laundry rooms, I was sleeping at
Metro stations, and then I started to sleep in hospitals because they were safe and they were
warm.
....
But I would simply like to say that every kid in foster care and who graduates out at 18 deserves
to have Medicaid, deserves to have permanency, and deserves to have reasonable housing.
Excerpts from testimony of Terry Harrak before Subcommittee on
Health Care of the Senate Committee on Finance 1
1
Health Needs of Children in the Foster Care System: Hearing on S. 1327 Before the Subcommittee on Health Care of
the Senate Committee on Finance, 106th Cong. 17-18 (1999)(statement of Terry Harrak, former foster care child,
Annandale, Va.).
The Plight of Youth Exiting the Foster Care System2
To help teenagers in foster care become healthy, self-sufficient adults, we must create opportunities for
them to participate in meaningful independent living programs while in foster care and provide concrete health
care and transitional living assistance to those youth exiting foster care subsequent to their 18th or 21st birthday.
As of the end of Fiscal Year (FY) 1995, approximately 483,000 children were placed in the nation's foster care
system with an estimated increase to 502,000 in FY 1996,3 and in FY 1997 to 509,300.4 Based on reporting
from 25 states, including states with the largest populations, the District of Columbia, and Puerto Rico,
available data indicate that older children and adolescents (aged 11- 19+) comprise 41 percent of these
jurisdictions’ foster care populations.5 An estimated 20,000 youth ages 18 through 21 are terminated from
foster care services each year.6 As exemplified by Terry Harrak’s story, lacking familial, governmental, and
other support, many young people exiting foster care are ill equipped for the transition to adulthood.
Negative Adult Outcomes
The few outcome studies of these populations reflect the difficulties encountered by former foster care youth.
According to Westat’s 1990-1991 study of 810 ex-foster care youth in eight states, including New York,
California, and Illinois, reporting on their experiences 2.5 to 4 years after exiting care, 46 percent did not have a
high school diploma, 51 percent were unemployed, 40 percent were “a cost to the community,” 30 percent had
difficulty accessing health care due to inadequate finances and insurance, 60 percent of females had given birth,
and 25 percent had experienced “problems with the law,” the primary cause (51 percent) being drug and alcohol
abuse.7 The study’s authors concluded that “[w]ith respect to education completion, young parenthood, and the
use of public assistance, discharged foster care youth more closely resembled those 18 to 24 year olds living
below the poverty level than they [did] 18 to 24 year olds in [the] general population.”8 They added “[t]hese
findings verify the need for services to help improve the outcomes for youth after discharge from foster care.”9
Similarly, a more recent study of 113 ex-foster children in Wisconsin, 12 to 18 months after they left foster
care, revealed that 37 percent had not graduated from high school, 40 percent of females and 23 percent of
males had received public assistance, 12 percent had experienced homelessness at least once, and 27 percent of
2
The full report is based in part on previously published work authored by ABA members Kathi Grasso and Abigail
English, including Abigail English & Kathi Grasso, The Foster Care Independence Act of 1999: Enhancing Youth Access
to Health Care, 34 CLEARINGHOUSE REV.: JOURNAL OF POVERTY LAW AND POLICY 217 (July-August 2000); Kathi
Grasso, Litigating the Independent Living Case, 18 ABA CHILD L. PRAC. 65 (July 1999); and Abigail English & Kathi
Grasso, When Foster Care Ends, Health Care Shouldn’t, 19 ABA CHILD L. PRAC. 140 (November 2000).
3
U.S. HOUSE OF REPRESENTATIVES, COMMITTEE ON WAYS AND MEANS, 1998 GREEN BOOK: BACKGROUND MATERIAL
AND DATA ON PROGRAMS WITHIN THE JURISDICTION OF THE COMMITTEE ON WAYS AND MEANS 777 (1998)(citing
Voluntary Cooperative Information System data collected by American Public Welfare Association, now known as
American Public Human Services Association).
4
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, ADOPTION AND FOSTER CARE ANALYSIS AND REPORTING
SYSTEMS (AFCARS)(Table 01-C: Age Distribution for Children in Foster Care on September 30, 1997) (November 24,
1998).
5
Id.
6
U.S. GENERAL ACCOUNTING OFFICE, FOSTER CARE: EFFECTIVENESS OF INDEPENDENT LIVING SERVICES UNKNOWN
(GAO/HEHS-00-13) 4 (November 1999).
7
RONNA J. COOK ET AL., A NATIONAL EVALUATION OF TITLE IV-E FOSTER CARE INDEPENDENT LIVING PROGRAMS
FOR YOUTH, PHASE 2, FINAL REPORT, VOLUME ONE xiv-xvi, 4-24-25 (1992) (available from Westat, Inc., Rockville,
MD).
8
9
Id. at xiv.
Id.
1
males and 10 percent of females had been imprisoned at least once.10
Lack of Access to Health Care
Regarding access to health care, 44 percent had encountered problems obtaining health care "most or all of the
time," with 51 percent stating the reason as lack of insurance coverage and 38 percent pointing to the cost of
care.11 Over 28 percent were unable to obtain dental care with 90 percent citing lack of insurance or cost of care
being a barrier to these services.12 Regarding mental health care, this study found that “although the receipt of
mental health services decreased dramatically over time, there is no evidence that the young adults' need for
services decreased.”13 Other studies depict similar findings regarding educational, employment, housing
stability, economic self-sufficiency, health care access, and incarceration rates.14
Many transitioning youth have serious unmet physical and mental health needs. Although most foster children
have Medicaid coverage while in foster care, their access to health care is far more limited once foster care is
terminated. Unfortunately serious barriers, including lack of adult support, poverty, ineligibility for public
health insurance, and inadequate information regarding available services, impedes former foster care youth’s
access to transitional living and health care services that promote health and well being. Young people who are
aging out of foster care fall into the group—18 to 24 years old—that is uninsured at the highest rate among all
age groups.15
It is imperative that transitioning youth have access to a wide range of health care services, including:

comprehensive health assessments and general dental examinations;

general preventive services (e.g., nutrition and exercise counseling; anticipatory guidance);

teen pregnancy prevention and family planning services;

HIV/AIDS/STD prevention services;

other reproductive health care;

mental health and substance abuse services;

treatment for acute and chronic health problems; and

case management.
Health insurance coverage is a key element in access to health care for transitioning youth. Studies have found
that health insurance coverage can make a difference both in access to health care and in health outcomes.16
Medicaid coverage, in particular, has the potential to be especially important for youth making the transition out
10
Mark E. Courtney & Irving Piliavin, University of Wisconsin, Foster Youth Transitions to Adulthood: Outcomes 12 to
18 Months After Leaving Out-of-Home Care 1-16 (1998).
11
Id. at 7-8.
12
Id. at 8.
13
Id. at 9.
14
See Nan P. Roman & Phyllis B. Wolfe, The Relationship Between Foster Care and Homelessness 55(1) PUBLIC
WELFARE 4 (January 1997); Section 2: Outcome Studies of Foster Youths, PREPARING FOSTER YOUTHS FOR ADULT
LIVING: PROCEEDINGS OF AN INVITATIONAL RESEARCH CONFERENCE 7-26 (Edmund V. Mech and Joan R. Rycraft eds.,
1995) (available from Child Welfare League of America, Washington, DC); Curtis McMillen & Jayne Tucker, The Status
of Older Adolescents At Exit From Out-of-Home Care, 78 CHILD WELFARE 339 (May/June 1999); Richard P. Barth, On
Their Own: The Experiences of Youth After Foster Care 7 CHILD AND ADOLESCENT SOCIAL WORK 419, 426 (October
1990).
15
In 1998, 30% of all individuals, 18–24, were without health insurance, and 46.7% of individuals in that age group living
below the federal poverty level were uninsured. U.S. Census Bureau, Health Insurance Coverage: Consumer Income,
1998 CURRENT POPULATION REPORTS 3, tbl. 1 (October 1998).
16
See, e.g., Alliance for Health Reform, Health Coverage: How Much Does Insurance Matter? (May 2000) (visited May
12, 2000) <http://www.allhealth.org/pub/pdf/05-00_HowMuch.pdf> (citing numerous studies).
2
of foster care because of the breadth of the Medicaid benefit package; it will be helpful in addressing their
multiple and often serious health problems.17
Lack of Adequate Transitional Living Services
Many teens in state custody are denied access to adequate transitional living services to help them transition to
young adulthood and self-sufficiency. In the first phase of the previously cited study, Westat determined that
nearly half (40 percent) of the sample foster care population (34,600) did not receive “some [sic] type of
independent living service training” prior to exiting foster care, 69 percent had not participated in an
independent living program, and 64 percent had not received skills training relevant to health.18 Although the
study did not attempt to examine the comprehensiveness or quality of identified services and programs, its
authors did find that skills training in specific areas could make a positive difference in outcomes, such as
obtaining health care and employment.19
Similarly, the earlier noted Wisconsin study discovered that "only a minority of young adults reported that they
received concrete assistance in preparing for a variety of life skills prior to discharge."20 Only 18 percent
reported job training, 12 percent help in obtaining housing, 15 percent assistance in obtaining personal health
records, 11 percent help in getting health insurance, and 11 percent help in obtaining public assistance. 21
Moreover, only 46 percent of youths stated that they had at least $250 in their possession at the time of their
discharge from foster care.22 Voicing their concerns regarding health care services for these young people,
including preventive services, this study's authors asserted that "[t]he long-term effect of accessibility of such
care may contribute to more serious difficulties if ongoing problems remain untreated and new ones go
undetected."23
The Federal Foster Care Independence Act
In the late 1980’s, the federal Adoption Assistance and Child Welfare Act of 1980 (AACWA) was amended
to require a finding by the court regarding specific services needed for any child 16 and over making the
transition from foster care to independent living.24 In addition, a youth’s case plan must include a written
description of these programs and services.25 The amendment’s intent was to eliminate case plans that had
too few specifics for implementation, and get child welfare agencies and others to plan early for a young
person’s transition to adulthood.
The federal Adoption and Safe Families Act of 1997 (ASFA) and the Foster Care Independence Act of 1999
do not change the AACWA’s above-cited provisions. The ASFA mandates earlier and more frequent
17
For a more extensive discussion of meeting the health care needs of young people through the Medicaid program, see
ABIGAIL ENGLISH ET AL., ADOLESCENTS IN PUBLIC HEALTH INSURANCE PROGRAMS: MEDICAID AND CHIP
(1999)(available from the Center for Adolescent Health & the Law upon request by sending an e-mail message to
info@adolescenthealthlaw.org.)
18
RONNA J. COOK ET AL., A NATIONAL EVALUATION OF TITLE IV-E FOSTER CARE INDEPENDENT LIVING PROGRAMS
FOR YOUTH, PHASE 1, FINAL REPORT, VOLUME ONE vi-vii (1990) (available from Westat, Inc., Rockville, MD).
19
Cook et al., supra note 7, at 5-4. Also see Ronna J. Cook, Are We Helping Foster Care Youth Prepare For Their
Future? 2 CHILD WELFARE RESEARCH REVIEW 201 (1997); Edmund V. Mech et al., Life Skills Knowledge: A Survey of
Foster Adolescents in Three Placement Settings, 16 CHILDREN AND YOUTH SERVICES REVIEW 181 (1994); Challenges
Confronting Children Older Children Leaving Foster Care: Hearing Before the Subcomm. On Human Resources of the
House Ways and Means Committee 106th Cong. (1999) (testimony of Child Welfare League of America)
<http:www.igc.apc.org/cwla/publicpolicy/ independentlivingtestimony.html>.
20
Courtney & Piliavin, supra note 10, at 4-5.
21
Id. at 5.
22
Id. at 6.
23
Id. at 15.
24
42 U.S.C. § 675(5)(C).
25
42 U.S.C. § 675(1)(D).
3
reviews to evaluate agency progress toward implementing children and youth’s permanency plans. 26 These
permanency hearings provide an appropriate forum for advocates to challenge inappropriate permanency
plans and inadequate case plans.
The Foster Care Independence Act,27 signed into law on December 14, 1999, offers an opportunity for states to
address the unmet health care needs of young people aging out of foster care. If fully implemented, the Act will
enhance the provision of transitional living services, including health care benefits, to young people moving out
of foster care. It increases annual appropriations to the states for services, such as housing, education, and
employment assistance, from $70 million to $140 million.28 In addition, the Act gives states the option of
expanding Medicaid coverage to transitioning foster care youth ages 18 to 21.29
The enactment of the Foster Care Independence Act is an important first step toward increasing youth access to
transitional living and related services. However, much work remains to be done to implement the Act, as well
as addressing its inadequacies. Even though many teenagers in foster care will benefit from the Act, many will
still be denied access to services to help them transition to young adulthood and self-sufficiency. Reasons
include:









lack of or inadequate independent living programs/services;
rigid standards for entry into existing programs;
variance in caseworker competence (e.g., some lack knowledge of adolescent development and needs);
lack of uniformity in how programs are administered or operated;
limited financial resources for these programs (even with increased appropriations under the Foster Care
Independence Act);30
premature termination of foster care services prior to 18;
some states not opting to extend Medicaid benefits to youth who have exited foster care;
limits on courts’ jurisdiction to preside over cases of youth up to age 21; and
lack of youth access to competent counsel to advocate for services.
Federal and state governments will be making decisions regarding the Act's implementation that will influence
whether youth exiting foster care have access to a full array of independent living services and Medicaid
coverage. For those youth who have already exited foster care and are not yet 21, issues will arise as to their
eligibility for independent living benefits under the Act, their right to notice of possible benefits, their options
should they be denied benefits, and the court’s role in monitoring the provision of services. Eventually, federal
and state legislation may be proposed to address increased appropriations for services and the above identified
problems.
In addition, because the Act does not mandate that states extend Medicaid benefits to youth aged 18 to 21
exiting foster care, states will decide whether they will expand Medicaid coverage to this population, and if so,
the extent of that coverage. Medicaid coverage, in particular, has the potential to be especially important for
26
42 U.S.C. § 675(5)(C)(amended by Section 302 of ASFA).
Foster Care Independence Act of 1999, Pub. L. No. 106-169 (H.R. 3443), 113 Stat. 1822 (1999).
28
For a more general discussion of the Foster Care Independence Act’s legislative history and its provisions, see Allen,
Mary Lee & Robin Nixon, The Foster Care Independence Act and John H. Chafee Foster Care Independence Program:
New Catalysts for Reform for Young People Aging Out of Foster Care, 34 CLEARINGHOUSE REV.: JOURNAL OF POVERTY
LAW AND POLICY 197 (July-August 2000).
29
Foster Care Independence Act § 121, 113 Stat. 1822, 1829-30.
30
Although the Act increases appropriations to the states for independent living services, it merely doubles the yearly
allocation that was initially allocated to the states in the mid-1980’s. Since that time, there have been significant increases
in the nation’s foster care populations.
27
4
youth transitioning out of foster care because of the breadth of the Medicaid benefit package, which could be
helpful in addressing their multiple and often serious health problems. Specifically, Medicaid includes the
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) requirements for Medicaid recipients who are
under the age of 21.31 EPSDT requires that states make available to these children and adolescents periodic
comprehensive assessments of their health, interperiodic screens, and follow up diagnosis and treatment.32
The Role of the Courts and the Organized Bar
Judges, lawyers, policy makers and others can be instrumental in influencing the implementation of the
Foster Care Independence Act in their communities. They can improve youth access to the courts by
supporting the extension of dependency court jurisdiction in the cases of foster care youth up to age 21,
enhancing youth access to competent legal counsel, and advocating for them in legislative, court, and
administrative forums.
In many states, the court’s authority to rule on a youth’s case can be maintained until the youth turns 21.
For example, in Maryland, the juvenile court’s jurisdiction continues until a person turns 21, unless the
court expressly terminates the jurisdiction earlier.33 In others, court jurisdiction is terminated at 18 or 19
years of age.
Because judges can monitor the provision of services to youth, including ensuring that agency services are
not prematurely terminated, it is imperative that youth have access to dependency courts until they turn 21.
Especially in light of their potential eligibility for services under the Foster Care Independence Act, this
access should allow youth who have prematurely exited foster care (either before or after their eighteenth
birthdays) to consent to the reestablishment of juvenile court jurisdiction in their cases. Extension of
dependency court jurisdiction to age 21 also increases the likelihood that transitioning youth have access to
lawyers. The court appointment of an attorney for a child usually continues until court jurisdiction is
terminated, unless the court orders otherwise.
The case of L.Y. and Melody v. Department of Health and Rehab. Servs.34 reflects a court’s frustration with
a statutory scheme terminating juvenile court jurisdiction at age 18. Judge Barbara Pariente, in a concurring
special opinion, voiced concern regarding Florida’s statute terminating court jurisdiction over dependent
youth at age 18. She asserted that juvenile court jurisdiction should coextend with the child welfare
agency’s obligation to provide services to individuals who have been previously placed in foster care.35 She
acknowledged the trial judge’s serious concerns regarding the lack of effective independent oversight of the
cases of young people older than 18 who are eligible for agency services.36
In this case, Judge Birken, the trial court judge, was forced to dismiss the case of L.Y. who was over 18
years old and still a recipient of child welfare services, because of the court’s jurisdictional limitations.
Judge Birken was very concerned about L.Y. Her guardian ad litem (GAL) had reported to him that she
was a child who “could be slipping through the system” and who had indicated to the GAL that “I guess I
can live in a dumpster . . . if I can’t make it here.”37 The GAL also conveyed to the court that the child had
31
42 U.S.C. §§ 1396a(a)(10) and (43), 1396d(a)(4)(B), 1396d(r); 42 C.F.R. § 441.50-441.62. See also 58 Fed. Reg. 51288
(1993) (proposed regulations); Health Care Financing Admin., U.S. Dep’t Health & Human Services, State Medicaid
Manual, Part 5, §§ 5010-5360.
32
42 U.S.C. § 1396d(r)(1)-(5).
33
MD. CODE ANN., CTS. & JUD. PROC. § 3-806(a)(1999).
34
696 So. 2d 430 (Fla. Dist. Ct. App. 1997).
35
Id. at 432.
36
Id. at 432-435.
37
Id. at 434.
5
been assigned multiple case workers, two of whom she had never met, that she needed to be tested for
learning disabilities, and had an unstable housing situation.38 Judge Birken asserted:
This Court is extremely concerned that if the Department’s own auditors cite case after case
where the Department has not met its mandated responsibilities toward children in care where
there has been judicial oversight, what will happen to children when there is no judicial
oversight? Will the Department be governed by budgetary matters and look for ways to force
these children out of the system? What guarantees or safeguards will be implemented to see that
this does not occur? These questions were generally raised during argument on the motion and
no satisfactory answer has been provided.
....
With these budgetary cuts in mind, are the children over eighteen, regardless of how well they
may or may not be doing, the next targets? This Court fears that they are, and that a large
number of children are going to be cut loose with no resources other than to resort to public
assistance, crime, prostitution, and other degrading acts in order to survive. Did the people who
may be cutting them loose adequately fulfill their responsibility to prepare these people for
independence?
This Judge has been on the bench since 1982. This Judge has signed many Orders which
disturbed him. This Judge has never been asked to render an opinion which has upset him more
than this Order. This Judge has sworn to follow the law whether he agrees with it or not.39
Although some might argue that extending dependency court jurisdiction to 21 will result in an increased work
load for judges, this should not be a reason not to extend court authority to rule on the cases of young people
transitioning out of foster care. The number of cases involving transitioning youth would be relatively limited
in contrast to the entire juvenile court population. Advocates should be mindful of Judge Birken’s experience
and support increased appropriations to allow for improved court services so that all youth potentially eligible
for child welfare services can gain access to the courts. In light of negative adult outcomes for former foster
care youth, court intervention in the early stages of young adulthood might diminish foster care youth’s
involvement with legal systems in the future (e.g., criminal cases, dependency cases involving their own
children), thereby diminishing other types of caseloads.
In addition to advocating for extension of juvenile court jurisdiction, the organized bar should establish pro
bono legal assistance programs for former foster care youth up to age 21 who may be potentially eligible for
health and other services under the Foster Care Independence Act. Lawyers should work directly with current
and former foster care youth to educate them about their rights with respect to independent living services and
health care access, including their eligibility for Medicaid if available to them. They should support youth in
seeking out forums in which their voices can be heard on the implementation of the FCIA. Such forums would
include formal meetings with their assigned caseworkers to develop their own independent living plans40 and
participation on state youth advisory boards. They should also work to produce state specific brochures that
educate youth on their rights.
38
Id.
Id. at 434-435.
40
On independent living plans, the Foster Care Independence Act § 101 (b), 113 Stat. 1822, 1826, codified at 42 U.S.C. §
677(b)(3)(H), provides that the chief executive officer certify in the state plan implementing the Act “that the State will
ensure that adolescents participating in the program under this section participate directly in designing their own program
activities that prepare them for independent living and that the adolescents accept personal responsibility for living up to
their part of the program.”
39
6
The ABA’s Historical Commitment to Children and Youth in Foster Care
and Health Care Access
The American Bar Association has been in the forefront in advocating for the needs of children and youth
involved with child welfare and juvenile justice systems in legislative and administrative forums. Its House of
Delegates has approved numerous resolutions that aim to enhance the quality of life for young people in foster
care. These resolutions address topics, such as the prevention and treatment of child abuse and neglect,41 legal
system reform to help assure safe and permanent homes for abused and neglected,42 standards for the legal
representation of abuse and neglected children,43 treatment of child victims of abuse and domestic violence,44
and unified family courts.45 In August 1995, the House of Delegates passed a resolution supportive of the
Resource Guidelines of the National Council of Juvenile and Family Court Judges; these guidelines address the
court’s role in ensuring that a plan is developed “to prepare the child for independent living….”46
Regarding access to health care, the ABA has formally recognized that people's inability to pay for health care
services is a major impediment to the receipt of those services. In 1990 and 1994, its House of Delegates
approved resolutions stating that "the American Bar Association reaffirms its support of legislation that would
provide for every American to have access to quality health care regardless of the person's income" with certain
specifications.47 More specific to the implementation of universal health care coverage, in 1990, the ABA
adopted the following resolution:
Congress should provide Medicaid coverage for all parents (mothers and fathers) and children in
households earning less than 200% of federal poverty levels. State legislatures should also
allocate additional funds to support their portion of health costs for children and families."48
Likewise, in 1997, the ABA House of Delegates further refined ABA policy with the approval of the resolution
that "the ABA supports legislation which ensures the provision of comprehensive health care for children 18
years of age and younger and for prenatal care for pregnant women."49
Summary
When the state takes on the role of substitute parent, its legal and moral responsibility is to provide, to the
fullest extent possible, the opportunities lost to children unable to be raised by their own families. Full
implementation of the Foster Care Independence Act will afford at-risk youths the critical resource needed to
give them the best possible chance at success as adults. The recommended resolutions will help to facilitate
current and former foster care youth’s access to transitional and independent living services, health care, and
competent legal counsel. They also continue the ABA’s long tradition of supporting the legal rights of children
and youth.
41
Approved by the ABA House of Delegates (February 1997).
Approved by the ABA House of Delegates (February 1997).
43
Approved by the ABA House of Delegates (February 1996).
44
Approved by the ABA House of Delegates (August 1996).
45
Approved by the ABA House of Delegates (August 1994).
46
NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES, PUBLICATION DEVELOPMENT COMMITTEE, VICTIMS
OF CHILD ABUSE PROJECT, HONORABLE DAVID E. GROSSMAN, CHAIRMAN, RESOURCE GUIDELINES: IMPROVING COURT
PRACTICE IN CHILD ABUSE AND NEGLECT CASES 83 (1995).
47
Approved by the ABA House of Delegates (February 1990 and February 1994).
48
Id. at 37.
49
Approved by the ABA House of Delegates at the ABA Annual Meeting (August 1997).
42
7